The State Of Tamil Nadu v. S P Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN W.A.No. 449 of 2025 and CMP No.3761 of 2025

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Kancheepuram District, Kancheepuram.

4. The District Educational Officer, Sriperumbudur Educational District, Kancheepuram District.

5. The Block Educational Officer, Kundrathur Union, Kancheepuram District.

...Appellants Vs.

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1. S.P.Karthikeyan S/o. S. Ponnambalam, Secondary Grade Teacher, Panchayat Union Primary School, Vadakkupattu, Kundrathur Union, Kancheepuram District.

2. R. Lakshmi Rekah, D/o. Rajamanickam, Secondary Grade Teacher, Panchayat Union Primary School, Periyar Nagar, Nandhambakkam, Kundrathur Union, Kancheepuram District.

3. B. Sudha D/o. Balasubramanian, Secondary Grade Teacher, Panchayat Union Primary School, Kundrathur Kalapu, Kundrathur Union, Kancheepuram District.

...Respondents

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 02.07.2024 passed in WP No.4156 of 2020. For Appellant : Mr.UM. Ravichandran Special Government Pleader For Respondents : Mr.P.Murali **** 2/6

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The claim of the respondents/petitioners, who are Secondary Grade Teachers, seeking incentive increments for acquiring higher qualification viz. B.Com., M.Com. and B.Ed. was rejected by the Government by proceedings dated 25.04.2019.

2. Upon challenge, the Writ Court had after referring to the judgment of this Court in WP No.19221 of 2021 dated 03.06.2024 concluded that the respondents/petitioners would be entitled to one set of incentive increment (2 increments) for having acquired B.Ed. qualification, which is definitely higher qualification for a Secondary Grade Teacher.

3. The claim for incentive increments with reference to B.Com and M.Com has been rejected by the Writ Court. We had an occasion to consider the very same issue in WA No.225 of 2025 dated 17.02.2025 and we have affirmed the similar order passed by the Writ Court. 3/6

4. Hence we see no merit in the Appeal. The Appeal fails and it is accordingly dismissed. If the petitioners had acquired the higher qualification prior to issuance of G.O.No.37 dated 10.03.2020, it is made clear that they will be entitled to incentive increment and not lump sum compensation.

(R.SUBRAMANIAN, J.) (G. ARUL MURUGAN, J.) 25.02.2025 jv Index : No : No Speaking order To

1. The Principal Secretary to Government, Government of Tamil Nadu School Education Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

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3. The Chief Educational Officer, Kancheepuram District, Kancheepuram.

4. The District Educational Officer, Sriperumbudur Educational District, Kancheepuram District.

5. The Block Educational Officer, Kundrathur Union, Kancheepuram District.

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R.SUBRAMANIAN, J.

and G. ARUL MURUGAN , J.

jv W.A.No. 449 of 2025 25.02.2025 6/6